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Caveat emptor (; from caveat, "may he beware", a subjunctive form of cavēre, "to beware" + ēmptor, "buyer") is Latin for "Let the buyer beware". It has become a proverb in English. Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. The phrase caveat emptor and its use as a disclaimer of warranties arise from the fact that buyers typically have less information than the seller about the good or service they are purchasing. This quality of the situation is known as 'information asymmetry'. Defects in the good or service may be hidden from the buyer, and only known to the seller.
It is a short form of Caveat emptor, quia ignorare non debuit quod jus alienum emit ("Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party.") I.e. the buyer should assure himself that the product is good and that the seller had the right to sell it, as opposed to receiving stolen property.
A common way that information asymmetry between seller and buyer has been addressed is through a legally binding warranty, such as a guarantee of satisfaction.
Hi, my question is if you have a valid property caveat (we loaned money to a family member to help buy a property) can you be sued if you refuse to remove it when the mortgagee attempts to sell it (ie property has been repossessed) ?
We are trying to recover our loan but it looks like there...
A caveat was put on property and proceedings were lodged three months later. In December last year an offer was made but there has not been any reply to counter this or accept. It has been eight months since we have had any contact from the other side.
How long do proceedings remain open. Can...
Hi there, I'm currently holding a property under my own name as a trustee for my old folks (they are the beneficiary in this property trust) and they are holding a caveat for the property as well.
As such, I am aware if they pass one day, the property will have to be distributed equally to me...
I have requested the demolition and asbestos removal company to send me the final clearance certificate after they've done the job in order for me doing the payment. However, they don't send the clearance certificate and ask me to do the full payment. The property is sold and we are waiting for...
Hi all...
Was hoping some is property expert can assist with this question. Bought vacant land in estate that had in the contract of sale a few clauses: one of which stated I must build within 2 years and any sale etc would get developers permission. There was also a clause that allowed the...
Hi,
I'd like to find out if anyone can please help? Can a caveator who placed a caveat with interest in our property forced us to sell our house in order to get their money back in full? Due to domestic living dispute with a family member (retired) who helped us purchase our first house with...
Hi.
I have recently separated after a 3-year relationship with 8 months of marriage. My ex placed a caveat on my house and instigated mediation. I bought the house 2 years ago and paid all the mortgage, rates and the majority of household expenses. The title is in my name. My ex has an...
Hey everyone,
Just after views on a matter for a friend. My mate has a caveat on a property of someone that is deceased for last 20 yrs and has been paying the rates since then.
Is it possible for him to get transferred into his name?
Hello to all,
I've been reading this forum and am impressed with the quality of responses and the generosity of time members provide to others. I would like to hire and pay one of you for a day rather than the numerous solicitors I've been making enquiries on who don't really seem to be...
I need to sell my parents' home to fund aged care accommodation with RAD Bond of $495,000 each parent. Both parents are ready to move into the facility. Dad (92) has dementia and mum(86) is very frail. I hold Power of Attorney for both who are self funded.
My brother is living in their house...